Jay Giannukos v. State ( 2005 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-04-515 CR ____________________

JAY GIANNUKOS, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 359th District Court Montgomery County, Texas Trial Cause No. 02-03-02101-CR

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MEMORANDUM OPINION ⁽¹⁾  

On January 6, 2005, we informed the parties that our jurisdiction was not apparent from the notice of appeal, and notified them that the appeal would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeal. The appellant filed a response, but failed to demonstrate jurisdiction in that response.

The notice of appeal seeks to appeal a previously appealed conviction. After transfer to that court, the Amarillo Court of Appeals dismissed the appeal upon the voluntary motion of the appellant. See Giannukos v. State, No. 07-02-0457 CR, 2003 WL 22175717 (Tex. App.- Amarillo, Sept. 18, 2003, no pet.)(not reported for publication). The conviction became final when the court issued its mandate. The appellant has not obtained a right to appeal through habeas corpus. Accordingly, this appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED FOR LACK OF JURISDICTION.

PER CURIAM

Opinion Delivered February 2, 2005

Do Not Publish

Before McKeithen, C.J., Gaultney and Kreger, JJ.

1. Tex. R. App. P. 47.4.